Communication 341/07 - Equality Now vEthiopia
103.
More importantly, the amicable settlement negotiations were terminated effectively
in 2012 on the ground that the Respondent State had failed to respond to proposals
which could have formed a written settlement agreement. There had been no
further negotiations between the victim, or Equality Now as her only legal
representation, and the Respondent State. As a result, no settlement agreement was
reached.
104.
Further, the Respondent State does not produce any proof of the measures it
purportedly took to remedy the violations. In particular, the Respondent State does
not produce evidence of the title deed for the house and evidence of its delivery.
Similarly there is no documentary proof of the removal of the judge who
overturned the convictions and sentences. There is also no proof of adequate and
additional compensation that would adequately fund the victim's education and
training to enable her live a dignified life. Moreover the employment of the victim
as a financial ledger keeper was inapt for her career preference which is in law. The
Respondent State does not also produce any evidence of measures taken to bring
the prosecutor and the actual perpetrators to account. Additionally, the
Complainant states that the victim has actually had to leave the country and seek
asylum somewhere owing to threats she received from an official of the Respondent
State's Ministry of Foreign Affairs.
105.
Furthermore, the Complainant observes that the Respondent State neither denies
that the victim was abducted and raped when she was 13 years old, nor negates the
assertion that it failed to provide remedies. The Complainant submits that both of
these constitute violations of the victim's rights under Articles 2, 3, 4, 5, 6, 7(1) and
18(3) of the Charter.
106.
Lastly, the Complainant states that the Charities and Societies Proclamation is still
in force and being used to interfere with activities of civil society. For example, on 3
September 2014 the police abruptly halted the showing of a film documentary
about another girl who had also been a victim of abduction and rape. Similarly, the
director of EWLA who participated in the aborted amicable settlement negotiations
in the present Communication was intimidated and has had to seek asylum in
another country. In light of the foregoing, the Complainant reiterates the prayers
advanced in its initial merit submissions.
The Commission's Analysis on the Merits
107.
This Communication concern's one of the most repugnant traditional practices:
forced marriage by abduction coupled with rape. It is a practice that draws stark
parallels with a proverbial ancient past when a man would hunt down the female
of his choice, slug her over the head with a club, drag her bv the hair td-his
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